Active Legal Appeals

Futurewise and Mercer Island residents filed an appeal with the Growth Management Hearings Board (GMHB) of the Mercer Island comprehensive plan in February 2025. We contend that the plan violates state law by failing to determine if the city has adequate capacity for emergency shelters, transitional housing, emergency housing, and permanent supportive housing, fails to adequately increase housing capacity near the new light rail station, and fails to adopt actions that repair harms to Black, Indigenous and other People of Color households from racially exclusive land use policies.

Our appeal will be the first to test new state housing law and a ruling in favor of the plaintiffs would set a new statewide precedent for local housing plans. State law HB 1220, passed in 2021 in response to the state’s housing crisis, sets new requirements for comprehensive plans to ensure that all cities and counties in the state are sharing in the effort to increase zoned capacity for housing. The new requirements particularly focus on allowing housing that serves people at all income levels, allowing more shelters and transitional housing, and adopting housing plans that particularly address the legacy of segregation and limit displacement of low-income communities and communities of color.

Mercer Island is one of Washington’s wealthiest cities and most expensive housing markets, with a median household income of $190,985 and median home price of $1.68 million. The appeal of the Mercer Island comprehensive plan contends that the comprehensive plan does not comply with HB 1220 nor does the plan comply with County Planning Policies (CPPs) that require comprehensive plans to prioritize housing options for low-income households, adopt actions that repair harms to Black, Indigenous and other People of Color households from racially exclusive land use policies, and adopt policies to promote equitable development.

Futurewise has two active legal appeals in Snohomish County, both intended to protect rural lands and agricultural areas from sprawl.

Our first appeal is of Snohomish County’s 2022 ordinance expanding detached accessory dwelling units (DADUs) in rural areas. We argue that these ordinance violated the Growth Management Act (GMA) by threatening rural character, agricultural lands, and forest lands, and we won our original appeal before the Growth Management Hearings Board.  Snohomish County responded with a new ordinance in 2023; however, Futurewise still contends that this ordinance is out of compliance with the GMA. Despite our concerns, the Board found the 2023 ordinance to be compliant, stating it lacked authority to review matters related to earlier versions of the code.

Futurewise remains undeterred and has filed a Petition for Review in Thurston County Superior Court, arguing that the Board erred in its interpretation of the law. We contend that the Board’s decision sets a dangerous precedent, potentially allowing local governments to circumvent GMA regulations by strategically timing ordinance revisions. The outcome of this case will significantly impact future growth management decisions and the balance between local development and environmental protection in Washington State.

Our second appeal in Snohomish County is of the Rural Clusters Ordinance. We argue that this ordinance threatens rural character by increasing the allowable number of lots to up to 30 per cluster, eroding the rural character these
regulations are supposed to protect. We also argue that reduced buffer sizes and the substitution of natural buffers with landscaping further diminish the rural landscape, and are raising concerns about water availability. The GMHB will hear this appeal in April 2025.

In January 2020, Futurewise challenged Thurston County’s 2019 Comprehensive Plan updates. Futurewise argued that the County’s revisions failed to comply with the state’s Growth Management Act, particularly in areas concerning agricultural land preservation, rural density planning, and capital facilities planning. The case, filed with the Growth Management Hearings Board, highlighted discrepancies in land designations, inadequate protections for rural areas and critical environments, and insufficient financial planning for essential infrastructure.

The legal proceedings have seen numerous extensions has to accommodate legislative changes and ongoing negotiations and efforts by county staff. While Thurston County staff continue to work on aligning their Comprehensive Plan with the Growth Management Act’s requirements, they have also initiated a community-driven review of agricultural policies and programs. This review involved collaborating with the Agriculture Advisory Committee to explore incentive programs, utilizing updated USDA data to refine agricultural designations within the Comprehensive Plan, and researching potential amendments to the criteria for Long-Term Agriculture designations.

Thurston County has taken new action on farmland, but still have not designated agricultural lands that need to be protected. Futurewise will be appealing the new ordinance, and reactivating our appeal.

In fall 2024, Futurewise won our appeal before the State Supreme Court of King County’s Adult Beverage Ordinance. The Washington State Supreme Court ruled Thursday 9/19/24 that King County’s Adult Beverage Ordinance, originally passed in 2019, violated the State Environmental Policy Act (SEPA) and the Growth Management Act (GMA). This ruling upholds farmland and rural area protection in King County and sets precedent for future preservation statewide.

Futurewise partnered with Friends of Sammamish Valley (FoSV) to appeal the ordinance and were supported by with other nonprofits, farmers, rural and urban residents, businesses, and community groups. Futurewise and FoSV contended the County failed to comply with legal requirements intended to ensure protection of agricultural lands, salmon habitat, open spaces, rural areas, and the environment. We identified numerous negative impacts that would result from opening protected resource lands and rural area residential neighborhoods across King County to tasting rooms, wine bars, taverns, and event centers.

Following our victory at the State Supreme Court, King County will now work to adopt a new ordinance that addresses community concerns.